Leong Soh Har Michael v Kek Beng: Collective Sale Cost Allocation Dispute
In Leong Soh Har Michael and Others v Kek Beng and Others, the High Court of Singapore addressed a dispute over the allocation of solicitors' and property consultants' costs in the collective sale of Oakswood Heights condominium. The plaintiffs, representing the majority subsidiary proprietors, sought a declaration that all subsidiary proprietors, including the defendants (minority owners), were liable for these costs. The court, presided over by Choo Han Teck J, allowed the plaintiffs' application, holding that the obligation to pay such costs was clearly provided in the collective sale agreement and the sale and purchase agreement, dismissing the defendants' application with costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs' application allowed; defendants' application dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over allocation of solicitors' and property consultants' costs in a collective sale. The court ruled all subsidiary proprietors, including minority, are liable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Leong Soh Har Michael | Plaintiff | Individual | Application allowed | Won | |
| Urbina Alison Elizabeth | Plaintiff | Individual | Application allowed | Won | |
| Tee Kam Chi | Plaintiff | Individual | Application allowed | Won | |
| Kek Beng | Defendant | Individual | Application dismissed | Lost | |
| Lam Marn Ling | Defendant | Individual | Application dismissed | Lost | |
| Tan Khoon Eng | Defendant | Individual | Application dismissed | Lost | |
| Tjeng Hie Min | Defendant | Individual | Application dismissed | Lost | |
| Rina Pangastuti Adidharma | Defendant | Individual | Application dismissed | Lost | |
| Tsui Winston | Defendant | Individual | Application dismissed | Lost | |
| Chan Wai Ling | Defendant | Individual | Application dismissed | Lost | |
| Kwok Fong Kit | Defendant | Individual | Application dismissed | Lost | |
| Chia Sow Kin | Defendant | Individual | Application dismissed | Lost | |
| Lee Jee Bah | Defendant | Individual | Application dismissed | Lost | |
| Lee Kam Yoke | Defendant | Individual | Application dismissed | Lost | |
| Wong Ming Wah | Defendant | Individual | Application dismissed | Lost | |
| Yeo Mui Choo | Defendant | Individual | Application dismissed | Lost | |
| Koh Mui In | Defendant | Individual | Application dismissed | Lost | |
| Koh Hong Tuan | Defendant | Individual | Application dismissed | Lost | |
| Koh Thong Gan | Defendant | Individual | Application dismissed | Lost | |
| Koh Thong Mui | Defendant | Individual | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
4. Facts
- Representatives of subsidiary proprietors of Oakswood Heights applied for a declaration regarding cost allocation.
- The Strata Titles Board ordered the collective sale of the condominium on 2008-05-28.
- The sale and purchase had been completed.
- Solicitors' and property consultants' fees remained unpaid.
- The Collective Sales Agreement was incorporated into the Sale and Purchase Agreement.
- The Second Schedule provided that net sales proceeds would be calculated after deducting solicitors' and property consultants' costs.
5. Formal Citations
- Leong Soh Har Michael and Others v Kek Beng and Others, OS 1260/2008, SUM 4858/2008, [2009] SGHC 15
6. Timeline
| Date | Event |
|---|---|
| Sale and Purchase Agreement dated 6 June 2007 entered into between UOL Development Pte Ltd and all the subsidiary proprietors of the housing development known as Oakswood Heights | |
| Condominium ordered to be sold collectively by an order of the Strata Titles Board | |
| Judgment reserved |
7. Legal Issues
- Liability for Solicitors' and Property Consultants' Costs in Collective Sale
- Outcome: The court held that all subsidiary proprietors, including minority owners, are liable for the solicitors' and property consultants' costs.
- Category: Substantive
- Interpretation of Collective Sale Agreement
- Outcome: The court interpreted the agreement as making provision for the principle and mode of payment of such items.
- Category: Substantive
8. Remedies Sought
- Declaration that all subsidiary proprietors are liable for solicitors' and property consultants' costs
- Order for deduction of costs from defendants' share of sale proceeds
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Real Estate Law
- Property Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Collective Sale
- Subsidiary Proprietors
- Solicitors' Costs
- Property Consultants' Costs
- Sale and Purchase Agreement
- Strata Titles Board
- Apportionment of Sale Proceeds
15.2 Keywords
- Collective Sale
- Strata Titles
- Solicitors' Costs
- Property Consultants' Costs
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Collective Sales | 90 |
| Property Law | 70 |
| Contracts | 60 |
16. Subjects
- Real Estate
- Property Law
- Contract Law
- Collective Sales